AuthorTitleCitationSummaryYear
Eric T. Freyfogle LUX v. HAGGIN AND THE COMMON LAW BURDENS OF MODERN WATER LAW 57 University of Colorado Law Review 485 (Spring, 1986) Lux v. Haggin, a century old this year, was a big case. The opinion in Lux ran nearly two hundred pages and remains the longest decision ever rendered by the California Supreme Court. The trial drew the attention of water users throughout the state. At the plaintiffs' table sat Henry Miller, a man of modest German heritage who began his business... 1986
Daniel E. Durden REPUBLICANS AS A PROTECTED CLASS?: HARRISON v. KVAT FOOD MANAGEMENT, INC. AND THE SCOPE OF SECTION 1985(3) 36 American University Law Review 193 (Fall, 1986) The backlash of unrestrained political violence in many Southern states following the Civil War led Congress to enact the Ku Klux Klan Act of 1871 (the Act). The political nature of the spiraling level of violence threatened the execution of Reconstruction policy throughout the region. Congress intended the Act to strike at all facets of... 1986
Matthew L. Fick WATER RIGHTS ON INDIAN RESERVATIONS-TRANSFERABILITY OF INDIAN WATER RIGHTS-STATE ADMINISTRATION OF NON-INDIAN WATER RIGHTS WITHIN THE RESERVATION- COLVILLE CONFEDERATED TRIBES v. WALTON, 647 F.2D 42 (9TH CIR.), CERT.DENIED, 454 U.S. 1092 (1981). 58 Washington Law Review 89 (December, 1982) No Name Creek is a small spring-fed stream lying entirely within the Colville Indian Reservation in north-central Washington. The creek basin is divided into seven irrigable parcels, all originally allotted to individual Indians. Four allotments are held in trust for the Colville Confederated Tribes (Tribe). Three are owned by the Waltons,... 1982
David S. Bradshaw WATER IN THE WOODS: THE RESERVED-RIGHTS DOCTRINE AND NATIONAL FOREST LANDS 20 Stanford Law Review 1187 (June, 1968) The reserved rights doctrine recognizes the power of the United States, upon the withdrawal of lands from the public domain, to reserve water sufficient to fulfill the purposes for which the lands have been withdrawn. Until recently this doctrine was applied solely to the water rights of Indian reservations. In Arizona v. California, however, the... 1968
A. Dan Tarlock COLORADO ENCOURAGES RAPID DEPLETION OF ITS GROUND-WATER RESOURCES 16 Stanford Law Review 721 (May, 1964) Natural ResourcesWater and Water Courses.Plaintiffs sought to enforce a 1948 decree which recognized their rights to waters appropriated from an artesian aquifer. The trial court enjoined the defendant users from taking water or allowing it to flow to an extent preventing plaintiffs from obtaining their decreed amounts. Further, the court ordered... 1964
R. Richard Roberts PROBLEMS CONNECTED WITH THE DISTRIBUTION OF IRRIGATION WATER IN TEXAS 31 Texas Law Review 373 (April, 1953) The subject matter of this discussion will be presented in the form of a history of one year's operation of what is believed to be a fairly typical rice irrigation system operated by a private corporation. What is presented is equally applicable to irrigation of any other crop. The peculiarities of a particular crop may raise isolated problems... 1953
  EASEMENTS - MODES OF ACQUISITION - IMPLIED GRANT AND RESERVATION - IMPLIED RESERVATION OF RIGHT TO FLOWAGE OF WATER IN MILL-RACE 30 Harvard Law Review 648 (April, 1917) A tract of land included a mill and an artificial mill-race. This mill-race was used solely in connection with the mill. The owner conveyed part of the tract, containing the mill and the inlet and outlet of the mill-race, to a milling company. Later he conveyed the rest of the land, containing the middle of the race, to a town. The mill company... 1917
Samuel C. Wiel, San Francisco, Cal. MINGLING OF WATERS 29 Harvard Law Review 137 (December, 1915) RIVERS are sometimes artificially joined by building a conduit near the head of one of them and conducting its flow across the divide into the other. A mill situated upon the divide and run by water power will serve as an illustration, although the situation arises more commonly in irrigation projects, mining enterprises, and the establishment of... 1915
  WATER-RIGHTS - COVENANTS RUNNING WITH THE LAND 3 Harvard Law Review 234 (December 15, 1889) A number of lots on the west side of a river were supplied with water for manufacturing purposes through Brown's race. These lots were owned by different persons who were entitled in severalty to the use of the water in the race. These owners banded together to purchase a lot On the cast side of the river, and made an agreement which showed... 1889
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